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A Legal Research on Coal Mine Accidents Settlement

Author: WangZuo
Tutor: DanFeiYue
School: Hunan University
Course: Legal
Keywords: Mine Coal mine production safety Mine Tragedy legal mechanisms
CLC: D922.5
Type: Master's thesis
Year: 2007
Downloads: 357
Quote: 8
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Abstract

Coal is the main energy of the industrial society, irreplaceable in the short term. In China, a very acute problem of coal mine production safety, and mining accidents occur frequently. The annual death toll of coal mine accidents are hovering at about six or seven thousand, one million tons mortality and deaths are much higher than the world's other major coal-producing countries. Analysis of the cause of the accident from the mine three aspects tenements virtual home loss of property rights constraints resulting in the production of coal mine safety is one of the root causes of the mine disaster occurred. The exercise of the State Council on behalf of the state mining mineral ownership of mining ventures to exercise the right to form a void zone under unknown property rights constraints, coal mine operators to reduce security costs and predatory exploitation of mineral resources, resulting in production safety precarious. On the other hand, the main coal mine owners and regulators compatible identity intertwined reduce the effectiveness of the safety supervision, and even left a \In addition, the lack of human and technical resources of the safe production of coal mining enterprises, also induced mine one of the factors. China's coal mine safety production levels compared with other major coal-producing countries in the world, a far cry. The study tour to the United States and the United Kingdom coal mine safety and mine governance legal mechanisms, to our great benefit. The United States and Britain in the coal mine safety legislation, the miners' union, safety inspectors and accident investigation and handling procedures are distinctive. Especially the miners' union in the United States and the United Kingdom of the Occupational Safety and Health Association, played a huge role in promoting the improvement of the security situation of the country's coal mines. China should learn from foreign experience to improve coal mine safety situation from its national conditions. First of all, in the legislation of the country's coal mine production safety Constitution, the Mine Safety Act and other important laws and regulations should be improved and supplemented according to the law; Second, to rationalize the relationship between coal resource property laws, reduce the mine operators practical sense, the protection of coal resources; and again, the establishment of a comprehensive, unified Coal Mine Safety Supervision main system, coal mining enterprises and trade unions into the main range of Coal Mine Safety Supervision, empowerment of Coal Mine Safety Supervision; Finally, from the establishment of the system of coal mine risk mortgage payments and to increase miners interests relief ways to build China's coal mine safety production and mine governance legal mechanisms.

A Legal Research on Coal Mine Accidents Settlement

Abstract

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